64B6-7.006. Minor Violations; Notices of Noncompliance

(1) Section 120.695, F.S., authorizes the Board, when enforcing rules, to permit the Department to issue a notice of noncompliance when there is a first time offense that is a minor violation as defined by Board rule. A minor violation is defined as one in which there is no economic or physical harm; no adverse effect to the public health, safety, or welfare; and no significant threat of such harm.

(2) Section 456.073(3), F.S., authorizes the Board, when enforcing rules and statutes, to permit the Department to issue a notice of noncompliance for any initial offense which is a minor violation as defined by Board rule. A minor violation under this statute is defined as one which does not endanger public health, safety, or welfare and does not demonstrate a serious inability to practice.

(3) A notice of noncompliance in lieu of other actions is authorized only if the violation is not a repeat violation. If there are multiple violations from a single inspection and each is eligible to be handled with a notice of non-compliance, then the Department shall issue a notice of non-compliance for each violation.

(4) Failure of the licensee to take action in correcting the violation within 15 days after notice shall result in the institution of regular disciplinary proceedings. Failure of the licensee to comply with the notice of noncompliance within the time allowed or subsequent violations of a same or similar offense shall result in the issuance of a citation pursuant to Rule 64B6-7.007, F.A.C., or, if the citation is declined or if there is no citation available for the specific violation, shall result in the institution of the regular disciplinary process set forth in Section 456.073, F.S.

(5) Notices of noncompliance shall be considered by the probable cause panel when reviewing a licensee’s subsequent violations of a same or similar offense.

(6) The Board hereby establishes the following as minor violations pursuant to Sections 120.695 and 456.073(3), F.S.:

(a) Failing to maintain a certificate certifying that the testing room meets the requirements of Section 484.0501(6), F.S., or a certificate certifying that all audiometric testing equipment used by the licensee has been calibrated on an annual basis acoustically, as required by Section 484.047(2), F.S.,  and Rules 64B6-6.003, 64B6-6.004, F.A.C. Only the failure to maintain the certificate is a minor violation; if the testing room or equipment has not been certified, then the matter must proceed through the normal disciplinary process.

(b) Failing to notify the Board in writing within 30 days of any change of address, as required by Section 484.047(3), F.S., and Rule 64B6-6.008, F.A.C.

(c) Failing to display in a conspicuous place a notice of the availability of itemization of the total purchase price, which notice complies with the requirements of Section 484.051(2), F.S., and Rule 64B6-6.009, F.A.C.

(d) Failing to display the license in a conspicuous place at the licensee’s regular place of business as required by Section 484.058, F.S., and Rule 64B6-6.008, F.A.C.

(e) Advertising in a manner that does not include the address and telephone number of the licensee’s regular place of business, as required by subsection 64B6-6.008(4), F.A.C.

Rulemaking Authority 120.695, 456.073(3), 484.044 FS. Law Implemented 120.695, 456.073(3) FS. History–New 10-15-90, Amended 3-5-91, Formerly 21JJ-7.009, 61G9-7.009, Amended 9-24-97, 10-29-98, 12-20-05, 8-31-06, 1-11-17.